Parties Ordered to Conduct Deposition at State Line

June 4, 2008

Here’s an order going directly to the Lowering the Bar Legal Document Archive. Apparently, in a lawsuit pending in the Western District of Texas (at Austin), the parties were unable to agree on whether the deposition of a corporate representative should take place in San Antonio, Texas, or in Bentonville, Arkansas, location of the corporation’s headquarters. (Yes, it’s a corporation you may have heard of.)

Faced with a motion for protective order, Judge James Nowlin resolved the dispute creatively, and I think fairly, despite a barely detectable Texas bias:

The Court is sympathetic with Defendant’s argument [Judge Nowlin wrote]. Surely Defendant’s corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time series record.

On the other hand, the Court is sympathetic with Plaintiff’s position. Plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the "Game of the [Prior] Century" in which James Street and Darrell Royal stunned the Razorbacks by winning the 1969 National Championship.

Because the Court is sympathetic to both parties’ positions, it has found a neutral site . . . .

Unless they agree otherwise, the court ordered, the deposition is to take place in Texarkana, on the steps of the Texarkana Federal Building, located on State Line Avenue.

"IT IS FURTHER ORDERED THAT each party is to remain on his or her respective side of the state line."